‘Till death do us part : judging the men who kill their intimate partners

This paper examines the construction of masculinity in judge’s sentencing remarks across seventeen cases of male perpetrated intimate femicide sentenced between March 2005 and May 2007 in the Victorian Supreme Court. Using a narrative analysis of sentencing transcripts it investigates how ideal understandings of hegemonic masculinity are used in judicial decision making to condemn or sympathise with male offenders of intimate femicide. The findings illustrate the profound influence that traditional understandings of masculinity and fatherhood still have on current sentencing practises despite the current climate of homicide law reform both within Australia and overseas. Whilst this paper did not directly assess the impact of recent homicide law reforms, specifically provocation, it is explicitly concerned with the continued influence of gender norms and bias at the sentencing stage of the legal process. As such, it provides a preliminary illustration of the key role that judges play in advocating or rejecting change within the criminal justice system, and more broadly legitimising attitudes about male violence against women throughout society. In condoning the use of extreme violence, in any context, judges send a message to society that such behaviour is either generally or specifically acceptable and accommodated within a legal framework

Legitimising lethal male violence : why defensive homicide needs to be abolished

This articles examine the unintended operation defensive homicide in Victoria since its introduction in November 2005. In doing so, its makes an argument for the abolition of this alternative offence to murder.&nbsp

The honeymoon killer : plea bargaining and intimate femicide : a response to Watson

In October 2003, US citizen Christina Thomas died while scuba diving on Queensland’s Great Barrier Reef. Following over five years of delays, her husband David Watson accepted a plea bargain to which he pleaded guilty to manslaughter on the basis of criminal negligence. Watson was initially sentenced to four and a half years imprisonment, suspended after 12 months, however this was later increased on appeal to suspension after 18 months. Using Watson as a framework for analysis, this article examines some of the limitations of an inefficient justice system, with a particular focus on the private nature of the plea bargaining process, and the potentially favourable representations and sentencing of men who kill a female intimate partner. The authors argue that the need to respond to court inefficiency and under-resourcing in the criminal courts creates pressures that can result in a desire for increased efficiency being prioritised above other justice concerns, and this allows for existing flaws within the operation of the criminal justice system to be exacerbated, and excused

NSW parliamentary inquiry recommends partial reform to provocation law

This piece reviews the recommendations for reform put forward by the NSW Parliamentary Committee into the Partial Defence of Provocation.&nbsp

Legal loophole protecting violent men : why the defence of provocation needs to change

This comment analyses the successful use of the provocation defence in New South Wales in cases of male perpetrated intimate homicide. In doing so, it makes an argument for why the defence should be abolished

Photographic Evidence for 19th Century Central Asian (kat Production

Rare. early photographs can provide both factual information about the various technical processes used to produce Central Asian ikat fabrics and an evocative vision of the cities of Samarkand and Bukhara in the 19th century. These photographs demonstrate the physical structure and equipment of the various craft workshops necessary for ikat production, the preparation of the ikat warp. the application of the pattern, the dye process, and the weaving and finishing of the cloth. Other photographs show the production of the most common 19th century lining materials, and the marketing of ikat in the bazaars. Ikat fabric received wide distribution to Central Asian peoples of various backgrounds. including nomadic tribesmen, and photographs demonstrate their use in 19th century yurt dwellings. Portraits of urban families of Uzbek, Tadjik and Jewish background show the ways in which ikat cloth was utilized in household decoration and in the construction of various luxury garments. Photographs of ceremonies ranging from betrothal and marriage rites to funerals further demonstrate the important social role played by luxury textiles in Central Asia. On-site examination of ikat wall hangings will elucidate the evolution of ikat technique and design in response to the social and economic changes that took place during the 19th century. The relationship of the structure and coloration of various ikats to a system of dating may be seen in a direct visual analysis of the ikat wallhangings

Abolishing defensive homicide will benefit female victims and offenders

The Victorian Department of Justice has released its long-awaited review into operation of the controversial offence of defensive homicide. The Consultation Paper proposes the offence’s abolition on the basis that it is “inherently complex”, “has no clear benefit” for women who kill in the context of family violence and has been “inappropriately” used by men who kill

Feminist challenges to the constraints of law : donning uncomfortable robes?

Legal judgment writing mobilises a process of story-telling, drawing on existing judicial discourses, precedents and practices to create a narrative relevant to the specific case that is articulated by the presiding judge. In the Feminist Judgments projects feminist scholars and activists have sought to challenge and reinterpret legal judgments that have disadvantaged, discriminated against or denied women’s experiences. This paper reflects on the process of writing as a feminist judge in the Australian Project, in an intimate homicide case, R v Middendorp. Drawing on the work of Judith Butler on intelligibility, iterability and the communality of violence and vulnerability, this article argues that feminist judgments necessarily require some uncomfortable compromises with unjust gendered institutions. While ‘donning the robes’ may be an uncomfortable process, a feminist re-articulation of the law’s carceral power serves to unsettle and challenge some aspects of gendered oppression, even though it cannot unsettle the operation of the institution. The article concludes that effective feminist interventions by members of the judiciary may require donning robes that are not entirely comfortable in order to persuade and advocate for change

When sexual infidelity triggers murder: examining the impact of homicide law reform on judicial attitudes in sentencing

In October 2010, the UK Parliament brought into effect law that replaced the partial defence to murder of provocation with a new partial defence of “loss of control”, applicable to England, Wales, and Northern Ireland. Although it retained some key features of its controversial predecessor, the new partial defence was in part designed better to address the gendered contexts within which a large number of homicides are committed. In examining the impact of the reforms, we will focus on long-held concerns about the treatment of sexual infidelity as a trigger for loss of control in murder cases. The article undertakes an analysis of English case law to evaluate the way in which sexual infidelity-related evidence has influenced perceptions of a homicide defendant's culpability, for the purposes of sentencing, both before and after the implementation of reform. The analysis reveals that, in sentencing offenders post reform, the higher courts have failed to follow the spirit of the reforms respecting the substantive law by effecting a corresponding change in sentencing practice